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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Rabindra Kumar Biswal @ Babul – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. nature of accusations against the appellant (Para 1 , 2 , 3) |
| 2. arguments surrounding bail application (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's evaluation leads to bail grant (Para 9) |
| 4. disposal of blapl and order for certified copy (Para 10 , 11) |
ORDER :
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with C.T. Case No.235 of 2022, pending before the Court of the learned SDJM, Narsinghpur, arising out of Kanpur P.S. Case No.111 of 2022, for alleged commission of offences under Sections 498-A/304(B) of IPC read with Section 4 of D.P. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 13.07.2022 and since charge-sheet has been filed on 09.09.2022, further continuance of the petitioner in custody is unwarranted.
5. Learned counsel for the petitioner submits that though FIR was registered inter alia under Section 302 read with Section 304-B of IPC
The court determined insufficient evidence to justify continued custody based on the omnibus nature of dowry demands and the absence of corroborative injuries, thus granting bail.
An accused may be granted bail if the allegations are vague and lack substantial supporting evidence, especially when no serious injuries are present.
The decision to grant bail in a criminal case is based on the stage of trial, examination of witnesses, and the likelihood of further delay in the trial.
The court considered the statement of the victim and the filing of the charge sheet as key factors in deciding to grant bail to the Petitioner.
The court established that substantial changes in circumstances are required for renewing bail applications, and evidence must be considered in its entirety.
The presumption of a 'dowry death' under Section 304B IPC should be tested in trial and is meant to act as a deterrent to the demand of dowry.
Bail granted due to absence of criminal history and recovery of the victim, despite initial non-compliance with court orders.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The severity of the offence and the accused's capability of tampering with evidence and influencing witnesses are crucial factors in deciding the grant of bail in cases of dowry death.
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